DEVELOPMENT OF THE STATE JURISDICTIONAL IMMUNITY INSTITUTION IN PRIVATE INTERNATIONAL LAW
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This article provides a comprehensive analysis of the theoretical and historical legal underpinnings of the establishment and evolution of the concept of state immunity. The study delves into the key trends shaping the development of this institutional framework, elucidates the notion of immunity, and examines its implications within the realm of legal norms. Moreover, it highlights the multifaceted challenges arising from the application of state immunity in private law contexts. The article underscores the role played by customary norms and judicial precedents in shaping this progression. It investigates the origins of absolute state immunity and the emergence of limited immunity, accentuating the dualistic nature of state immunity. This duality stems from the state's simultaneous roles as both a custodian of sovereign authority and an economic entity, alongside a guardian of private interests. The article emphasizes the imperative to enhance domestic legislation and standardize the tenets of private international law in this domain. In addition, this article scrutinizes the theoretical and legal foundations of jurisdictional immunity of states within the purview of private international law and elucidates its methodological tenets. The author scrutinizes the groundwork upon which the jurisdictional immunity of states is established, delineates its conceptual framework and characteristics, and enumerates the principal forms of state immunity. Moreover, the study appraises the primary theories of jurisdictional immunity: absolute immunity and functional (limited) immunity. Special attention is accorded to the legal framework governing the jurisdictional immunity of states on both international and domestic fronts. Essential facets of the concept of jurisdictional immunity of states within international private law interactions are identified.
Furthermore, the article assesses the immunity of the state as an entity governed by private international law and delineates the spectrum of relationships in which the state might engage as a subject of international law. Sovereignty stands as the bedrock upon which immunity is founded. The analysis dissects the core concepts of jurisdictional immunity of states, namely absolute immunity and functional (limited) immunity, elucidating their attributes and codification within international legal instruments and national statutes.
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References
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